Form E Divorce Affect the Divorce Settlement

The completion of Form E is a legal requirement for couples who wish to obtain a financial settlement from the court. The process provides both parties with a full picture of each other’s finances which can then be considered in the setting of a financial settlement or in court proceedings.

The first section of the form asks for information and documentation in relation to assets, property, income and expenditure. The information provided must be accurate and complete. It is worth noting that this information could be used against you should it turn out that you have failed to disclose or misrepresented your true financial situation. This can lead to court sanctions including costs orders and in the worst case scenario, imprisonment.

If you have not been truthful on the form and incurred financial penalties, this may impact on the overall financial settlement you receive from your partner. It is therefore often best to seek assistance from solicitors who can review your partner’s disclosure and request additional information where required on your behalf. This can also help to prepare you for any financial settlement hearings at court and ensure the information contained within your form e divorce is accurate.

The next section of the form asks you to provide details of any children of the marriage and any health conditions that have impacted upon your ability to earn an income. This can be an important factor for a judge to consider when reaching a financial settlement, particularly if you have a child who has special needs.

Will the Form E Divorce Affect the Divorce Settlement?

After completing the information and documentation asked for on this form, you must then exchange it with your partner. They will be given the opportunity to examine the forms and documents, ask questions and make comments. Both parties can then discuss the financial position and agree on a fair financial settlement. This can be done in a number of settings including direct negotiations, mediation or in court.

Once you have agreed on a financial settlement and it has been formalised into a Consent Order by your solicitor, this must be sent to the Court for review and approval. The Court will only approve this if they believe it is fair on both parties and takes into account the information provided in Form E. Form E is typically completed during the divorce process but may also be required in cases where the marriage has been dissolved by legal separation or where one party is seeking financial relief through a court order.

Depending on the complexity of your assets, property and debts and how amicable your relationship with your former spouse is, a court-based financial settlement may be necessary. Generally, it is advised to complete a Form E if you are likely to have complex assets like a business or equity stakes that require valuation and/or significant sums of debt which need allocating appropriately. However, if you have minimal joint assets and an amicable separation, then it is unlikely that a court-based financial settlement will be required. For further advice and guidance on this, please contact our specialist team in Bath or Bradford on Avon. We offer pragmatic, constructive and sensible advice to help you get the outcome you want from your divorce.